RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03835 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was promoted to grade of master sergeant (E-7) with a date of rank (DOR) of 1 Sep 11. _________________________________________________________________ APPLICANT CONTENDS THAT: He was unable to attend the Noncomissioned Officer Academy (NCOA) in 2008 due to the manpower shortage in his unit. In 2009, while undergoing two medical evaluation boards (MEB), he was placed in a limited assignment status code and was unable to attend the NCOA. A professional military education (PME) waiver was submitted, but he was medically retired before it was completed. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 27 Jul 12, the applicant was relieved from active duty in the grade of technical sergeant (E-6) and credited with 20 years, 8 months, and 12 days of active service. On 28 Jul 12, the applicant was permanently disability retired in the grade of master sergeant (E-7) with a ten percent disability rating. The remaining relevant facts pertaining to this application are described in the letters prepared by the appropriate office of the Air Force, which is at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOE recommends denial indicating there is no evidence of an error or injustice. The applicant failed to complete the required mandatory PME or receive an approved waiver prior to his 28 Jul 12 retirement. The applicant was tentatively selected for promotion to the grade of master sergeant during cycle 11E7. His promotion sequence number incremented on 1 Sep 11; however, since he had not completed NCOA prior to the pin-on date, his promotion was withheld pending completion of PME. In accordance with AFI 36-2502, Airman Promotion/Demotion Programs, airmen selected for promotion to staff sergeant (E-5), master sergeant (E-7), or chief master sergeant (E-9) must complete in-residence PME before assuming these grades. The personnel data system (PDS) automatically withholds the promotion for those service members who do not complete PME prior to the effective date. The WG/CC or equivalent has the authority to waive the aforementioned PME requirement for personnel who cannot complete training prior to their pin-on date. Airmen with a disapproved waiver will continue to have their promotion withheld, unless the promotion is removed, and may be promoted upon successful completion of PME. Airmen with approved waivers must attend PME, in the higher grade, within 179 days of their effective promotion date, or as soon as they are available without impacting the mission. The only exceptions beyond 179 days are 179 or 365-day deployments. In all cases, resident attendance remains mandatory for enlisted personnel in the noted grades. In accordance with AFI 36-3212, Physical Evaluation for Retention, Retirement, and Separation, members who are retired on or after 23 Sep 96 may be retired in the regular or reserve grade to which they had been selected and would have been promoted had it not been for the physical disability for which they were retired. This is for retirement and pay purposes only. The DD Form 214 will reflect the active duty grade the member held at time of separation/retirement and the retirement order will reflect the rank as "highest grade held on active duty.” The complete AFPC/DPSOE evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Neither he nor his rating chain were aware of the option to request a waiver for PME. Even after learning of the waiver he and everyone involved in the decision to submit a waiver knew the correct course of action was for him to attend the NCOA and that submitting a waiver should be the absolute last resort. Upon completing the medical evaluations they pursued getting the travel restrictions lifted so he could attend PME, but were unsuccessful. As such, he requested approval to enroll in the NCOA Correspondence Course, but his request was denied as the correspondence course is strictly for Air Force Reserve members. They finally submitted a waiver for PME. The waiver was submitted and signed by the Senior Executive, which means the waiver was approved by a flag officer. There was no last minute scramble as they had no sense of urgency since they never received any indication that his promotion status had changed. Had he been permitted to attend PME in 2008 rather than be deferred for mission critical reasons he would have been promoted over a year ago and the PME waiver (which was approved) would have been unnecessary (Exhibit E). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of record and the applicant’s complete submission, to include his rebuttal response, we are not convinced that corrective action is warranted. While the applicant argues that his inability to attend the non- commissioned officer academy (NCOA) unfairly prevented him from assuming the grade of master sergeant, we are not convinced he is the victim of an error or injustice. While the evidence indicates that mission requirements and his subsequent medical problems precluded him from attending the NCOA from as early as 2008, he has presented no evidence to indicate that he has somehow been treated differently than those similarly situated. In this respect, we note that resident attendance at NCOA is mandatory in all instances in order to be promoted to the grade of master sergeant. While a wing commander may waive this requirement for personnel who cannot complete training prior to the effective date of their promotion, the decision to approve such a waiver rests solely within the commander’s discretion and the applicant has provided no evidence to indicate that his inability to obtain such a waiver was the result of an abuse of discretionary authority or some error on the part of Air Force officials. Furthermore, even if we assume for the sake of argument the applicant should have been granted such a waiver, his condition would have precluded him from fulfilling the requirement to attend the NCOA within 179 days of the effective date of the promotion. Finally, we note that while the applicant was not able to assume the higher grade, he was retired in the higher grade in accordance with the policy allowing those such as the applicant to retire in the grade to which they would have been promoted were it not for their unfitting disabilities. Therefore, in view of the above, we are not convinced the applicant is the victim of an error or injustice and find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-03835 in Executive Session on 23 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 Aug 12, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOE, dated 10 Sep 12. Exhibit D. Letter, SAF/MRBR, dated 1 Oct 12. Exhibit E. Letter, Applicant, dated 25 Oct 12.